Essay on Constitutional Reform
Constitutional Reform Term Papers
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Explain and evaluate both the limits placed on Commonwealth power under the Constitution and the extension of that power through international law and elements of the Constitution.
In the year 2001, The Australian nation will celebrate the reaching of a significant milestone one hundred years of government under our present constitution. As the anniversary approaches, it is important for all Australians to reflect on the present arrangements, and consider whether the limits placed on the Commonwealth government are going to restrict Australia s ability to transform with the new millennium. Will the extension of the Federal government s power affect the stability of one hundred years of Australian government?
In the nineteenth century, Australia was made up of different British colonies, with each colony able to make laws on its own behalf. As the end of the nineteenth century approached the Australian colonies started to recognise the advantages of having a federal council that could impose uniform systems of defence, immigration, banking, and currency. However, the colonies were concerned about giving up too much power; in particular the small less populated colonies did not want the more populated states to be in complete control. This problem was solved with the suggestion that each state have the same number of representatives in the upper house and on 1st of January 1900 the Commonwealth of Australia came into existence.
The rationale behind federating was to achieve national unity and regional diversity; hence it was essential to have a division between state and federal of powers. Therefore, the Commonwealth Parliament was only given special and limited powers under the Commonwealth of Australia Constitution Act. These powers are listed in section 51 of the Australian Constitution and are known as the thirty nine heads of power . Items mentioned in this section include; trade and commerce, taxation, defence, communications and immigration. The powers not listed in section 51 are known as the residual powers and remain the exclusive domain of the States; they include areas such as criminal law, education and public transport.
Unfortunately, the division between federal and State powers is not always clear. For example in the matters of bankruptcy there is an overlapping jurisdiction in two sets of courts, the federal and the State. Another aspect of the Constitution that affects the clarity of the division of powers is section 109, which provides that in areas where State and Federal law is...
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